427 (2)crpc

kkgupta (Querist) 07 July 2013 This query is : Resolved
A person is sentence for life imprisonment and is serving his sentence. Subsequently he is sentence in other case for five year. Suppose he gets bail in life imprisonment case what would be the fate of other sentence of five year. Should his second sentence shall run after the bail.

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Guest (Expert) 07 July 2013
Nice question! Bail in both individual cases would be necessary for his release. Bail in one case cannot serve the purpose for the other case. In the absence of bail in another case, he would need to be arrested. So, in my views two formal actions would be necessary to be kept on record, (1) release on bail in one case; and (2) rearrest simultaneously for imprisonment in the other case.

If not formally released on bail in the first case that would tantamount to the contempt of court. So, rearrest would be necessary to implement the orders of imprisonment in the other case.

Rajendra K Goyal (Expert) 07 July 2013
Bail for both the cases is necessary for release.

Devajyoti Barman (Expert) 07 July 2013
For his freedom he shall have to get bail in both the cases.
Academic query.

prabhakar singh (Expert) 07 July 2013
Academic query needs no reply.

Raj Kumar Makkad (Expert) 07 July 2013
Until bail is not granted in both cases, the accused shall not be got released from the judicial custody..

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